Jefferson v. Stewart ( 1843 )

The Court.

—The acts of 1825 and 1829, are in pari materia, in relation to the recording papers proper for record ; and the latter act provides for noting the time when an instrument is placed in the office, which is made the date of the recording. And this was necessary, because every paper cannot be recorded as soon as it is lodged in the office; and it would be a dangerous construction of the law, as well as a very narrow one, to make the party responsible for the neglect of the officer.

Rogers, for plaintiff. Wales, for defendant. Rogers.

—It is now the settled law, that a corporator may be a witness for the corporation, where he has no direct personal interest in the event of the suit. His interest as a member of the corporation is not a disqualifying interest. (Ang. & Ames 389; 1 Phil. Ev. 57, n.)

Wales.

—The witness is interested. The suit is by the corporation against a member for taxes ; any other member is interested in the recovery. He is bound for costs also.

Record admitted.

The plaintiff now proved the books of the corporation, and their custody, and offered them in evidence. They were admitted, though objected to. He then proved his election as treasurer of the company, and the assessment of defendant’s property.

A member of the corporation was called as a general witness for plaintiff, and objected to by the defendant’s counsel on the ground of interest.

The Court.

—The books are somewhat doubtful on this question, but we think it more in accordance with the- established principles of evidence, that in respect to private corporations, any interest of the witness in the event of the suit, whether derived through the corporation, or personal, independent of the corporation, is a disqualifying interest. A recovery in this suit would be beneficial to all the other members of the corporation as alleviating their own burdens by way of taxation for the purposes of the company.

The plaintiff had a verdict.